GANGADHARAN Vs. ANTO

JUDGEMENT

(1.) IN April 2004, the revision petitioner and the first respondent herein thought of running a public telephone booth jointly, and they executed an agreement. Some amount was received by the revision petitioner herein in the said transaction from the first respondent, but they could not start the telephone booth due to some other reasons. Later the dispute was resolved, and the revision petitioner agreed to return the amount received by him. Accordingly, a cheque for 70,000/ - was issued in discharge of the said liability. When the first respondent presented the cheque for collection it was bounced due to insufficiency of funds, and when he failed to make payment on demand statutorily made, the first respondent initiated prosecution under Section 138 of the Negotiable Instruments Act before the Judicial First Class Magistrate Court No. II, Thrissur as S.T. 1209 of 2005.

(2.) THE revision petitioner entered appearance in the trial court, and pleaded not guilty to the accusations. During trial he maintained a defence that the amount received by him was only 60,000/ -, but the revision petitioner some how obtained a cheque for 70,000/ -. Thus while admitting the execution and genuineness of the cheque in question the revision petitioner disputed the correct amount due. Though he pleaded such a defence no evidence was adduced in defence by the revision petitioner. The complainant examined himself as PW1, and he also marked Exts. P1 to P6. The trial court found the revision petitioner guilty, and on conviction he was sentenced to undergo simple imprisonment for three months. With the object of doing substantial justice to the complainant in view of admitted liability, the trial court also directed the revision petitioner to pay 70,000/ - as compensation to the complainant under Section 357(3) Cr. P.C.

(3.) THE first respondent remained absent in spite of notice given to him. On hearing the learned counsel for the revision petitioner, and on a perusal of the case records, I find no reason or ground to admit the revision to files. I find that with some modification in sentence this revision petition can be disposed of.